Executor ignoring request for information
MalTom
Posts: 6 Forumite
My Mum passed away in October, in her will she appointed her 3 children equal shares of her estate and made us all executors and trustees. The brother is insisting on having a survey on her property to ascertain the saleability of the house - built in the early 70's and bought by our parents. Currently rented out.
The family has, over the last 2-3 years completely broken down resulting in me taking them to the court of protection due to extremely bad decisions being made regarding Mums care and the costs. Unfortunately 3 of us had POA for Health and Finance and my younger siblings played the 2 against one game so I was pushed over on numerous decisions resulting in Mums bank accounts being cleared out.
Now My brother is ignoring my requests for information regarding the bank accounts - he closed the existing ones and opened others but wont give me the details so I do not know the current status of the accounts. He hasn't as yet informed the tenant that Mum has passed away and wont make an appointment with a solicitor to start probate until I agree to his plan to refurbish the house before selling. I have told him I intend to appoint a solicitor to act on my behalf, but Ive been informed that a solicitor can only deal with all the executors and not just one of three.
Does anyone have any advice - or has anyone else had a similar problem?
The family has, over the last 2-3 years completely broken down resulting in me taking them to the court of protection due to extremely bad decisions being made regarding Mums care and the costs. Unfortunately 3 of us had POA for Health and Finance and my younger siblings played the 2 against one game so I was pushed over on numerous decisions resulting in Mums bank accounts being cleared out.
Now My brother is ignoring my requests for information regarding the bank accounts - he closed the existing ones and opened others but wont give me the details so I do not know the current status of the accounts. He hasn't as yet informed the tenant that Mum has passed away and wont make an appointment with a solicitor to start probate until I agree to his plan to refurbish the house before selling. I have told him I intend to appoint a solicitor to act on my behalf, but Ive been informed that a solicitor can only deal with all the executors and not just one of three.
Does anyone have any advice - or has anyone else had a similar problem?
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Comments
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I have told him I intend to appoint a solicitor to act on my behalf, but Ive been informed that a solicitor can only deal with all the executors and not just one of three.
Does anyone have any advice - or has anyone else had a similar problem?
Yes, if you want a solicitor to wind up the estate, it's likely they'd only agree to proceed on instructions from all three executors.
But nothing to stop you consulting a solicitor about how to deal with your fellow executors.Signature removed for peace of mind0 -
Thank you for your reply. I am trying to get answers to the questions I have asked my Brother - self appointed chief executor - but the phone number he gave me as contact for the bank was a call centre who are now trying to locate the person by searching their internal records for the name I have been given. He is refusing to apply for probate until I agree to renovate the property before putting it on the market. Currently houses in the area are being sold within 2 weeks of going up for sale - it is a much sought after area with excellent schools and access to motorways etc.0
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Thank you for your reply. I am trying to get answers to the questions I have asked my Brother - self appointed chief executor - but the phone number he gave me as contact for the bank was a call centre who are now trying to locate the person by searching their internal records for the name I have been given. He is refusing to apply for probate until I agree to renovate the property before putting it on the market. Currently houses in the area are being sold within 2 weeks of going up for sale - it is a much sought after area with excellent schools and access to motorways etc.0
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Finally applied for probate, but brother still refusing to have an estate agents valuation - once we receive the grant of probate - can I ask an estate agent to value the property without agreement of the other 2 executors?0
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Finally applied for probate, but brother still refusing to have an estate agents valuation - once we receive the grant of probate - can I ask an estate agent to value the property without agreement of the other 2 executors?0
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As YM99 says, there are specific steps that must be followed, otherwise HMRC will not be very happy.0
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How did your brother intend funding the renovations he wants?
Was that via cash from the three of you?
If relations are bad, entering into a joint venture sounds like a terrible idea.
You are better off selling it, or being bought out of your RICS valued share, and moving on independently.0 -
Additionally, house renovations rarely add their full cost to the value of a house e.g putting in a £12k kitchen doesn't automatically mean you can ask £12k more for the property, it may only add £3k to £7k to the asking price.
He could be naive, or, with my suspicious mind, getting a lot of renovations done and then offering to buy it himself at the market rate following all the renovations ........... but family wouldn't do that to each other, would they?0 -
Thank you all for your replies. At the solicitors we were able to give our estimate of the value of the property which we all agreed was approximately £180k so there would be no inheritance tax.
The "chief Executor" (self appointed) originally expected the beneficiaries to contribute towards any work done on the property, but I declined, now he's expecting the rental money to cover the cost, so there are income tax responsibilities. I have spoken to the estate agent who is currently managing the rental has told me this week that they have a waiting list for houses in the area where the house is and other than the removal of an asbestos garage is advising that nothing needs to be done.
He has agreed that the property will be sold but other executor and the instigator of all the family problems says she isn't ready, and he is still insisting on the RICS survey. I will be retiring in a couple of years time and really want this sorting out and any tax paid and monies invested before I start to draw my state pension.0 -
Thank you all for your replies. At the solicitors we were able to give our estimate of the value of the property which we all agreed was approximately £180k so there would be no inheritance tax.
The "chief Executor" (self appointed) originally expected the beneficiaries to contribute towards any work done on the property, but I declined, now he's expecting the rental money to cover the cost, so there are income tax responsibilities. I have spoken to the estate agent who is currently managing the rental has told me this week that they have a waiting list for houses in the area where the house is and other than the removal of an asbestos garage is advising that nothing needs to be done.
He has agreed that the property will be sold but other executor and the instigator of all the family problems says she isn't ready, and he is still insisting on the RICS survey. I will be retiring in a couple of years time and really want this sorting out and any tax paid and monies invested before I start to draw my state pension.0
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